The 5 Indiana Adoption Laws You Need to Know

Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Indiana adoption laws you need to know about when considering this for your family.

Top 5 Indiana Adoption Laws

Birth Father's Legal Rights

Does my baby's father have to agree to the adoption in Indiana?

A father must consent to the child’s adoption if the child was born in wedlock or if paternity has been established, unless the father’s rights have been terminated.

Ind. Code. § 31-19-9-1 (2019)

In Indiana, a putative father must register with the putative father registry to ensure he is notified of a proceeding for adoption of the child.

Ind. Code. §§ 31-19-5-2, 31-19-5-3, 31-19-5-5 (2019)

Register a Putative Father 

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Expectant/Birth Mother Living Expenses

Can I get help with my living expenses during my pregnancy in an Indiana adoption?

In Indiana, an expectant mother may receive money towards reasonable attorney’s fees, medical expenses, adoptions services, counseling expenses, living expenses, and travel expenses up to $4,000 without court approval. The court may approve payment over $4,000 if failure to make the payment may jeopardize the health of the child.

Ind. Code. § 35-46-9-1 (2019) 

Separate Legal Representation

Will I be offered my own Indiana adoption lawyer?

This issue is not addressed under Indiana law, but you still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.

Open Adoption

How does Open Adoption work in Indiana?

A postadoption contact agreement may be formed upon the agreement of the parents and adoptive parents. Failure to comply with the agreement does not invalidate consent to adoption, but biological parents have a right to seek enforcement of the privileges agreed upon. If the child is under two years old the court approval is not necessary to create the agreement, but the agreement may not include visitation, is not enforceable, and does not have to be in writing. A court may grant a postadoption contact agreement if the court finds it is in the best interest of the child, the child is over two years old and has a significant bond with the birth parent, the adoptive parents consent, and consent is obtained from the child if they are over twelve years old. A birth parent or adoptive parent may file a petition to modify the agreement and the court will determine whether it is in the best interest of the child.

Ind. Code. §§ 31-19-16, 31-19-16.5 (2019)

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How does Consent to Adoption work in Indiana?

How does the legal process for adoption work in Indiana?

The consent to adoption may be executed at any time after the birth of the child, either in the presence of the court, a notary public or other person authorized to take acknowledgments, or an authorized agent of the department, or a licensed child placing agency.

Ind. Code. § 31-19-9-2 (2019)

How long will I have to change my mind about adoption in Indiana?

Consent may be withdrawn if revocation is made within thirty days of signing and the court finds the withdrawal is in the best interest of the child.

Ind. Code. § 31-19-10-3(a-b) (2019) 

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